HomeMy WebLinkAbout021644 ORD - 05/11/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE A ONE-YEAR LEASE OF TWO FIELDS AT
THE GREENWOOD SOFTBALL COMPLEX WITH THE
RICH FAMILY PARTNERSHIP DBA THE GRANDSTANDS
SOFTBALL COMPLEX; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to
execute a one (1) year lease of the Yellow and Green Fields, adjacent area outside the
fences, and joint use of the restrooms and parking area at Greenwood Softball Complex
with the Rich Family Partnership d.b.a. The Grandstands Softball Complex subject to the
terms and conditions set out in the Lease, a substantial copy of which is attached and
incorporated as Exhibit A.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such finding of
an emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency measure this the II day
of M , i 9 .
ATTEST:
Armando Chapa, City Sec
THE CITY OF CORPUS CHRISTI
ary MAYO , MAI HODES
APPROVED: 7 DAY OF y y�
JAMES R. BRAY JR., CIT`r ATTORNEY
BY: K. A tutu* ! a.Eecr-ww-C
Alisc$i Gallaway
Assistant City Attorney
AG5000.350.ajr
021644
, 19 '13
GREENWOOD SOFTBALL COMPLEX LEASE
with
THE GRANDSTANDS SOFTBALL COMPLEX
STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi owns Greenwood Softball Complex, and
WHEREAS, Rich Family Partnership Ltd., alter ego Rich Management Group, Inc.
d.b.a. The Grandstands Softball Complex, desires to lease part of Greenwood Softball
Complex to offer softball to the citizens of Corpus Christi;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein,
the Parties agree as follows:
1. Definitions.
1.1 City - City of Corpus Christi.
1.2 City Manager - City Manager of Corpus Christi or his designee.
1.3 Concession -Food and drink concession operations are specifically not
included in this Lease.
1.4 Council - City Council.
1.5 Director - Director of Park and Recreation Department or his
designee.
1.6 Fields - Greenwood Yellow and Green Softball Fields .
1.7 Greenwood - Greenwood Softball Complex, including the parking lot
area, 2 softball fields, restrooms, pressbox, as shown on Exhibit A,
attached and incorporated.
1.8 Lease - This Lease Agreement, including all Exhibits.
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1.9 Lessee - Rich Family Partnership Ltd., alter ego Rich Management
Group, Inc. d.b.a. The Grandstands Softball Complex.
1.10 Pressbox - Office area above Concession Stand.
2. Term. The term of this Lease shall begin upon execution by the City
Manager for one (1) year.
3. Lessee Services and Responsibilities.
3.1 Softball. Lessee will offer five (5) seasons of seven (7) games each
and playoffs after each season. Softball will be offered at various
different skill levels, including:
Slow Pitch
Men's Open - A, B, and C
Industry - A, B, and C
Church - A, B, and C
Co-Ed - A, B, and C
Women's Division
Men over 54
If any league fails to make four (4) teams, Lessee can either
combine the league with a different skill level or not offer the league
that season. The fee for each team will be $290.00; however, the fee
for each Men over 54 team will be $220.00
Lessee shall use its Fields for all its games. If Lessee wants to
use City's fields, Lessee must contact the Assistant Director for
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Programs and make arrangements. If lights are used, Lessee must use
its Fields first and City's fields second. Lessee may not use City's
fields with lights unless both Lessee's Fields are also being used at the
same time. If Lessee uses City's fields with lights when both its Fields
are not being used, Lessee shall pay the entire electric bill for the
relevant CP&L billing period with no discounts for City usage.
3.2 City Use. If Lessee is not using its Fields at Greenwood, City has the
right to use any or all fields for recreational purposes. If City uses
Lessee's Fields with lights, it shall pay for its use of Fields as set out
in 3.6 herein.
The City reserves the right to accept tournament play at any
City softball field. These tournaments would be independent of any
tournament associated with the regular adult league play. There will
be no commercial softball league play at City facilities other than
Lessee's softball league play.
3.3 Maintenance. Lessee will mow the Fields; line the playing field; put
out and put up the bases each evening; water the Fields; maintain the
infield; clean and maintain the restrooms, etc.; in accordance with the
schedule attached and incorporated as Exhibit A. The rate set out on
Exhibit A for City performance of these tasks, or mowing only, will be
adjusted annually based on City's actual cost of providing the services
and a new Exhibit A with the new rates will be substituted therefor.
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If Lessee fails to perform maintenance tasks as scheduled, or fails to
perform repairs in a timely manner, City may do so and bill Lessee.
Lessee shall pay City within thirty (30) days after receipt of City
written demand.
3.4 Registration, etc. Lessee will promote the program so that the public
is aware of the sign-up period. Lessee will conduct all registration,
take all fees, schedule all games, including makeup games and playoff
games, and provide trophies for the top team in each league.
3.5 Insurance. Lessee shall provide Public Liability Insurance, Worker's
Compensation Insurance, etc., as set out on Exhibit B, attached and
incorporated.
No insurance policy may be canceled, not renewed, or changed
without thirty (30) days prior written notice to the Director. Copies of
all insurance policies shall be provided to the City Attorney within ten
(10) days of the Director's written request therefor.
Lessee cannot begin operation under this Lease until it provides
a certificate(s) of insurance for all insurance required by Exhibit B to
the Director.
3.6 Utilities. Lessee shall pay for all utilities related to its field usage at
Greenwood. The lights on the Yellow and Green Fields shall be
separately submetered at Lessee's expense. Lessee shall pay for all
submeter charges, except as set out below. Lessee shall pay for 50%
AG2730.003.ajr
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of the water, wastewater, and garbage bills. Lessee shall pay for all its
phone bills. A copy of each month's utility bills will be sent to Lessee.
If City uses Lessee's Fields with lights, or Lessee uses City's
fields with lights, the using party shall take a submeter reading both
immediately before the lights are turned on and after the lights are
turned off. The person taking the readings shall in a logbook note the
date and time of each reading, the submeter reading, and the name of
the person taking the reading. Each logbook shall be maintained for
the entire term of this Lease and for three (3) years after expiration
of this Lease.
If the City uses Lessee's Fields with lights, a copy of the
relevant submeter readings will be submitted to Lessee with the
monthly electric bill, and an amount based on City's submetered usage
times the actual kilowatt hour rate established by the relevant CP&L
bill will be deducted from the amount owed by Lessee to CP&L.
If Lessee uses City's fields with lights, a copy of the relevant
submeter readings will be sent to the Director within three (3) days of
receipt of the monthly electric bill. The amount of usage on Lessee's
Fields shall be presumed to be the amount of usage on City's fields,
unless evidence to the contrary is presented to Director. Lessee will
pay for its usage of City's fields by paying an amount based on Lessee's
submetered usage times the actual kilowatt hour rate established by
AG2730.003.ajr
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the relevant CP&L bill plus the actual submeter charges for its own
usage (less any deductions for City usage of Lessee's Fields).
If there is any question over submeter readings, the final
decision will be made by the City Manager.
Lessee shall pay the CP&L amount and Public Utilities amount
to City, and phone bill amounts to Southwestern Bell Telephone
Company. Lessee shall pay all utility bills prior to the due date.
3.7 Field Playability. The City reserves the right to cancel play at
Greenwood when field conditions, as determined by the Athletic
Supervisor, may cause player injury or damage to the fields. Every
effort will be made to determine conditions by 4:00 PM unless there
is rain or other bad weather after 4:00 PM in which case the Athletic
Supervisor will notify Lessee as soon as the adverse conditions have
been determined.
3.8 Umpires. Lessee shall provide and pay for umpires for each
scheduled game.
3.9 Complaint Notice. Lessee will post a notice at Greenwood, in a form
approved by the Director, that if any participant or spectator has any
complaints or concerns they may contact the City at 880-3479 and talk
to the Athletics Section. A similarly worded notice shall be included
in all advertising for play at Greenwood.
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3.10 Prior Tournaments. All previously scheduled tournaments at
Greenwood will be honored. A list of the tournaments is attached and
incorporated by Exhibit C.
4. City Responsibilities.
4.1 Debt Service. City will pay bond debt for Greenwood.
4.2 Maintenance. City will maintain the building structure, the lighting,
water system, and wastewater system.
4.3 Capital improvements. Capital improvements which City determines
are needed shall be funded by City at its discretion.
4.4 Contact Person. For this Lease, the City's contact person is the
Assistant Director for Programs.
5. Financial Security. During the entire term of the Lease and any extensions
thereto, Lessee shall provide a bond, irrevocable letter of credit, certificate of
deposit, or other financial security acceptable to the City Attorney in the
amount of $25,000. If there is a draw on an irrevocable letter of credit or
certificate of deposit, Lessee shall bring the amount back up to original surety
amount within thirty (30) days.
If an irrevocable letter of credit is used, it must be made out in the
name of City and Lessee. Partial draws must be allowed. Draws must be
allowed based on a letter from the Director that Lessee is in default of the
Lease and has failed to timely cure the default.
If a certificate of deposit is used, it must be made out to City and
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Lessee, endorsed by Lessee, and held by City. City shall have the right to
cash the certificate of deposit upon a default which is not timely cured.
Any other form of financial security must meet these general guidelines
and be approved by the City Attorney or designee.
6. Default. The following shall constitute events of default:
6.1 Failure to maintain any item set out on Exhibit A in the manner and
as scheduled on Exhibit A.
6.2 Failure to maintain any insurance required by section 3.4.
6.3 Failure to pay utilities before the past due date.
6.4 Failure to pay umpires and other employees or contractors within two
(2) weeks after service performed unless the charges are disputed, in
which case the demand for payment and the dispute will be presented
to the Assistant Director for Programs for his determination on
whether to pay.
6.5 Failure to pay any taxes assessed against Greenwood, or which may be
assessed in the future before the past due date.
6.6 Failure to hold scheduled games for reasons not related to weather.
6.7 Failure to pay City for City's expenses for maintenance or repairs as
set out in Section 3.3 herein.
6.8 Failure to bring surety amount backup to original amount within thirty
(30) days after a draw, as set out in Section 5 herein.
6.9 Failure to timely make any repairs.
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6.10 Failure to keep, perform, and observe all other promises, covenants,
conditions, and agreements contained in this Lease. Lessee shall be
notified in writing of any default and shall have fifteen (15) days to
cure the default. However, in the event of default of 6.6 Lessee shall
have twenty-four (24) hours to cure, excluding days on which games
are not routinely scheduled.
7. Miscellaneous.
7.1 Laws. Lessee shall comply with all applicable federal, state, and local
laws, rules and regulations.
7.2 Taxes. Lessee shall pay any taxes assessed against it by virtue of its
operation of Greenwood before the taxes become due.
7.3 Alterations. Lessee shall not make any additions or alterations to any
improvement at Greenwood without the Director's prior written
consent. Any additions or alterations made by Lessee shall become
the property of the City at the expiration of this Lease.
7.4 Relationship. This Lease establishes a Landlord/Tenant relationship,
and none other. In performing this Lease, both City and Lessee will
act in an individual capacity and not as agents, employees, partners,
joint venturers, or associates of one another. The employees or agents
of either party shall not be, nor be construed to be, the employees or
agents of the other party for any purpose whatsoever.
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7.5 Indemnity. In consideration of allowing Lessee to Lease Greenwood,
offer softball and receive the fees therefor, Lessee will indemnify and
hold harmless the City, its agents, employees, and officers
("Indemnitees") from and against any and all liability, damages, loss,
claims, demands, suits, and causes of action of any nature on account
of death, personal injuries, property loss or damage, or any other kind
of damage, including all expenses of litigation, court costs, and
attorneys' fees, which arise, or are claimed to arise, out of or in
connection with Lessee offering softball at Greenwood and all
activities associated therewith pursuant to this Lease, regardless of
whether such injuries, death, or damages are caused, or are claimed to
be caused by the concurrent or contributing negligence of Indemnitees,
but not if caused by the sole negligence of Indemnitees unmixed with
the fault of any other person or entity.
7.6 Assignment. This Lease may not be assigned without the prior written
consent of City Council.
7.7 Nondiscrimination. Lessee covenants that all its employees and
invitees shall be treated equally without regard to or because of race,
religion, national origin, sex, age, or disability and in compliance with
all federal and state laws prohibiting discrimination in employment.
7.8 Cancellation. This Lease may be canceled at the end of any softball
season by either party IF the party canceling has given the other party
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ninety (90) days prior written notice of the date of cancellation.
7.9 Notice. All notices which may or are required to be sent under this
Lease shall be sent by certified mail or hand delivered as follows:
If to City:
City of Corpus Christi
Park and Recreation Department
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attention: Director of
Park and Recreation
If to Lessee:
Curtis Rich
General Partner
Rich Family Partnership, Ltd.
5314 Crossridge
Corpus Christi, Texas 78413
Either party may change the address to which notice is sent by
using a method set out above. Lessee will notify City of an address
change within thirty (30) days after the address is changed.
7.10 Waiver. Any waiver by the Parties of a breach of any covenants,
terms, obligations, or events of default shall not be construed to be a
waiver of any subsequent breach. Nor shall the failure to require full
compliance with the Lease be construed as changing the terms of the
Lease or as estopping the Parties from enforcing the terms of the
Lease.
7.11 Inspection. Any officer or authorized employee of City may enter
upon Greenwood to determine whether Lessee is providing the
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maintenance required by Exhibit B, or for any other purpose incidental
to City's retained rights in Greenwood.
7.12 Signs. Lessee shall not post signs or advertising at Greenwood without
the City Manager's prior written approval.
7.13 Surrender. Upon expiration or cancellation of this Lease, Lessee shall
return G, eenwood to City in reasonably good condition, ordinary wear
and tear excepted.
SIGNED this day of , 1993.
Al 1'EST: CITY OF CORPUS CHRISTI
LESSOR
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED AS TO LEGAL FORM THIS day of , 1993.
JAMES R. BRAY JR., CITY ATTORNEY
By:
Alison Gallaway
Assistant City Attorney
AG2730.003.ajr
LESSEE
RICH FAMILY PARTNERSHIP LTD., alter ego
RICH MANAGEMENT GROUP, INC. DBA
THE GRANDSTANDS SOFTBALL COMPLEX
Curtis Rich
Partner
EXHIBIT A
MAINTENANCE STANDARDS
The following standards are established as the minimum level of maintenance acceptable
by the City of Corpus Christi for the Greenwood Softball Complex. The level of
maintenance set out may be exceeded by the Lessee.
MOWING: During seasonal play, when grass is actively growing, fields will be mowed
once a week or as necessary to maintain a grass height of not more than 4
inches. During off season, fields will mowed as necessary to maintain a grass
height of not more than 4 inches. The field area will include an area 3 feet
beyond the outfield fence line.
LrFIER: Litter pickup and removal on a daily basis or as necessary to maintain the
field area, fairway areas, and parking lots free of loose debris and glass.
RESTROOMS: Maintain daily in a manner so as to provide a clean and sanitary facility
for public use. Minor repairs should be made upon detection.
FENCING: Fencing should be inspected on a weekly basis, repairs made as necessary to
assure safe playing conditions.
IRRIGATION: Inspect complete system, mainline, valves, lateral lines, sprinkler heads, and
controller monthly. Maintain system in working condition. Repair, or initiate
repairs to leaks as soon as possible, but no later than 24 hours after detection.
TOPDRESS: Fill in holes in infield and outfield as they are discovered. Areas disturbed
by excavation should be overseeded upon completion of work.
FIELD MAINTENANCE: Daily field maintenance, during seasonal play, will include
dragging infield area, lining, watering infield to control dust, and repack
batters box. All fields will be aerified once per year.
REPAIRS: Maintain and repair all areas and fixtures of all buildings and bleachers to
ensure proper function, safety, and appearance including painting, carpentry,
plumbing, and electrical repairs.
City cost to maintain the complex completely $54.00 per game.
City cost to mow only is $62.00 per field/per week.
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Exhibit "B"
INSURANCE REQUIREMENTS
1. Contractor's Liability Insurance
A. The Contractor shall not commence work under this Contract until
he/sheobtained all insurance required herein and such insurance has
been approved by the City. Nor shall the Contractor allow any
subcontractor to commence work until all similar insurance required
of the subcontractor has been so obtained.
B. The Contractor shall furnish two (2) copies of certificates, with the City
named as an additional insured, showing the following minimum
coverage in an insurance company acceptable to the City.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 - Day Notice of Cancellation
Required on all Certificates
Bodily Injury and
Consequent Death
Property Damage
Per Person
Ea. Occ.
Ea. Occ.
Aggregate
General Liability Including:
1. Comprehensive Form
$300,000
$500,000
$100,000
No Limit
2. Premises - Operations
3. Explosion & Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations
Hazard
6. Contractual Insurance -- With an
endorsement on the face of the
Certificate that includes the "Hold"
Harmless" In Paragraph 11
7. Broad Form Property Damage -- for
construction projects only
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY:
OWNED, NON -OWNED OR RENTED
$100,000
$300,000
$100,000
No Limit
WORKMEN'S COMPENSATION AND
WHICH COMPLIES WITH THE TEXAS
OCCUPATIONAL DISEASES
WORKER'S COMPENSATION ACT
EMPLOYER'S LIABILITY
$100,000
FIDELITY BOND
$10,000
Exhibit." B"
INSURANCE REQUIREMENTS
C. In the event of accidents of any kind, the Contractor shall furnish the City
with copies of all reports of such accidents at the same time that the reports
are forwarded to any other interested parties.
II. Hold Harmless
A. Contractor agrees to indemnify, save harmless and defend the City of
Corpus Christi, and its agents, servants, and employees, and each of
them against and hold it and them harmless from any and all lawsuits,
claims, demands, liabilities, losses and expenses, including court
costs and attorneys fees, for or on account of any injury to any person,
or any death at any time resulting from such injury, or any damage to
any property, which may arise or which may be alleged to have arisen
out or in connection with the work covered by this contract. The
foregoing indemnity shall apply except if such injury, death or damage
is caused solely by the negligence or other fault of the City of Corpus
Christi, its agents, servants, or employees or any other person
indemnified hereunder.
Attachment C
APPROVED TOURNAMENTS
TOURNAMENT REQUESTED DATES
R. W. Wilson March 27 & 28
John C. Sanchez Scholarship May 15 & 16
20th Annual Statewide Postal
Employees May 30 & 31
World Wide Church of God June 6
6th Annual Sand. Sea, and
Softball June 12 & 13
Bud Light Triple Crown June 26 & 27
2nd Annual Knights Drive Inn/
Special Olympics July 2, 3, & 4
Corpus Christi, Texas
11
day of AA(j , 19 q3
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter
rule as to consideration and voting upon ordinances at two regular
meetings: I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Council Members
The above ordinance was passed
Mary Rhodes
Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
\forms\045
Respectfully,
MAYOR
THE CITY OFC
by the following vote:
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US CHRISTI
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021644